Opinion
Gen. No. 44,730. (Abstract of Decision.)
Opinion filed June 29, 1949 Released for publication July 18, 1949
BROKERS, § 98 — erroneous dismissal of complaint in action for commissions and damages. Real estate brokers' complaint in action against former owner of real estate and his immediate and remote grantees for recovery of commissions and damages on theory of tort liability should not have been dismissed on defendants' motion, where complaint alleged that owner had listed real estate with brokers, agreeing to pay usual commissions, that brokers showed property to remote grantee, that such grantee made an offer to buy, that while negotiations were pending owner revoked sales agreement, that shortly thereafter immediate grantee bought property with remote grantee's funds, took title as her nominee, and then conveyed to latter grantee, and it was brokers' theory that defendants had entered into an arrangement to have property transferred for purpose of depriving brokers of their commissions.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook County; the Hon. U.S. SCHWARTZ, Judge, presiding.
Judgment reversed and cause remanded with directions.
Heard in the third division, first district, this court at the February term, 1949;
Peter D. Giachini, Alphonse Cerza and Robert J. Ley, for appellants;
Robert C. Cross, of counsel;
No appearance for appellees.
Not to be published in full. Opinion filed June 29, 1949; released for publication July 18, 1949.